
Pictured above: Penk Valley Solutions MD, Nick Lakin
Bosses in the West Midlands are being warned that new grievance
laws could lead to a flood of tribunal claims, with huge penalties
for companies already under siege from the recession.
Workers can now go straight to a tribunal without telling their
boss what the grievance is - and if the firm has not followed the
new ACAS code of practice by the book, tribunals can increase
awards by up to a quarter.
Independent mediation service Penk Valley Solutions Ltd, says
the new rules mean companies could be faced with surprise claims -
and the first they would know about them was when they were
notified by the tribunal to attend a hearing.
Stafford-based Penk Valley Solutions says all companies in the
West Midlands need to urgently review their HR policies and
procedures to make sure they're fit for purpose in the light of the
new code, which has replaced the old statutory procedures.
"No-one is immune to this 45-point code, which was brought in
during April without any trumpeting, but which threatens
devastation for those who don't comply absolutely," said Penk
Valley Solutions MD Nick Lakin.
"It is yet another threat to businesses, but it is now the law
and has to be complied with absolutely." Mr Lakin, a former
Staffordshire police officer, said one way to counter the threat
was for companies take steps to introduce mediation policies that
would encourage workers to make their managers and bosses the first
port of call when they have a grievance.
"ACAS's guide to discipline and grievances at work suggests an
independent third party or mediator can help resolve issues and we
are already seeing this in practice," said Mr Lakin.
"We are also training people within companies so they can
mediate in disputes between employees, allowing them to introduce
common sense before they get out of hand."
Penk Valley Solutions says when companies fall out with
employees both can suffer. "One loses their job and the other
usually loses a valuable worker. There are no winners," said Mr
Lakin.
The company says companies and legal firms are increasingly
using Penk Valley Solutions' trained mediators to resolve disputes
without, costly court and tribunal appearances.
"Lawyers in particular, are changing their view and now helping
clients resolve disputes without going to court." "The majority of
disputes - whether business or domestic - are sparked off by
trivial matters, but quickly get out of hand beyond all proportion.
We are trained to bring the two sides together as independent
mediators prepared to listen to all points of view and suggest
solutions that don't mean loss of face, employees and jobs," added
Mr Lakin.